Levy, Yehuda (Migration)

The Administrative Appeals Tribunal (Cth) considered an application by Yehuda Levy for approval as a standard business sponsor. The dispute centred on whether Mr Levy's kosher food restaurant business met the training benchmark requirements stipulated by the Migration Regulations 1994. The Tribunal, presided over by Senior Member Miriam Holmes, ultimately affirmed the delegate's decision not to approve the application.

The primary legal issue before the Tribunal was whether Mr Levy satisfied the criteria for approval as a standard business sponsor, specifically regulation 2.59(d) of the Migration Regulations 1994, which mandates meeting specified training benchmarks for businesses operating in Australia for 12 months or more. The Tribunal was required to determine if the training provided by Kosher Australia Pty Ltd, for which a monthly membership accreditation fee was paid, constituted sufficient evidence of meeting either Training Benchmark A or Training Benchmark B as outlined in IMMI 13/030.

The Tribunal found that while Mr Levy's business was lawfully operating and had traded for over 12 months, the evidence presented did not satisfy the training benchmark requirements. The monthly fee paid to Kosher Australia was not clearly delineated as a training expenditure, and Kosher Australia was not an accredited or registered education provider. The Tribunal noted the absence of a clear training program and discrepancies in financial statements, leading to the conclusion that the applicant had not demonstrated compliance with the prescribed training benchmarks. Consequently, the Tribunal affirmed the delegate's decision to refuse the application for standard business sponsorship.